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2020 Supreme(SC) 238

D.Y.CHANDRACHUD, AJAY RASTOGI
Managing Director Chhattisgarh State Co-Operative . . . Appellant Bank Maryadit – Appellant
Versus
Zila Sahkari Kendriya Bank Maryadit – Respondent


Advocates Appeared:
For the Appellant :Vikrant Singh Bais, Yogesh Tiwari, Advocates
For the Respondent:Sameer Shrivastava, Darpan K.M., D. K. Devesh, Rohit Singh, Advocates

JUDGMENT :

Dr Dhananjaya Y Chandrachud, J.

This appeal has arisen from a judgment of a Division Bench of the High Court of Chhattisgarh dated 7 August 2018. Allowing a Letters Patent Appeal, the Division Bench set aside the judgment of a Single Judge dated 19 January 2018. The Division Bench held that the appointment made by the appellant on 11 August 2017 of the Chief Executive Officer ["CEO"] of the first respondent bank and its subsequent ratification by the Registrar of Cooperative Societies, were without the authority of law. Consequently, the decision of the appellant was held to be not binding on the first respondent.

2. The appellant - Chhattisgarh State Cooperative Bank - is the apex body of cooperative banks in the State of Chhattisgarh. The first respondent is a District Central Cooperative Bank which is governed by the provisions of the Chhattisgarh Co-Operative Societies Act I960 ["1960 Act"].

3. The CEO of the first respondent bank was arrested on 9 August 2017 by the Economic Offences Wing of the State of Chhattisgarh on charges of corruption, under the Prevention of


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